AMAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioners who are working as surveyors in the Geology & Mining Department of the State Government claim that their pay scales should have been fixed in Grade -10 recommended and accepted by taking into consideration the nature of the duties performed by them.

(2.) Briefly the facts are that the State Government appointed Bhole Pay Commission for rationalisation and also revision of the pay scales applicable to the various cadres and posts ( other than those included in the All India Service) as per its Resolution dated 24-2-1975. As per the terms of reference, the Bhole Pay Commission went into the question of rationalisation of the pay-scales of various cadres and posts. Broadly, it recommended 10 grades and common pay-scales for non-gazetted posts and while doing so, it took into consideration the factors such as nature of duties, qualifications, promotional avenues etc. and then fitted various non-gazetted Cadres and posts in the Government service in the aforesaid 10 common pay scales proposed by it. The State Government thereafter accepted the recommendations of the Bhole Pay Commission making the pay scales proposed by it applicable from 1-4-1976. 2-A. The Surveyors in the Directorate of Geology & Mining were given the pay scale of Grade -6 as proposed by the Bhole Pay Commission. The petitioners and their Association made a representation to the State Government that looking to the nature of the duties performed by the surveyors and the difficult conditions in which they work, the surveyors in the Directors of Geology & Mining should have been given the pay scale in Grade 8 by the Bhole Pay Commission. The Directors of Geology & Mining while forwarding the representation to the Government on 21-2-1978 recommended that looking to the nature of duties of the surveyors in the Directorate of Geology & Mining and looking to the fact that they have mearge chances of promotion, they should be given the pay-scale in Grade 8. The said recommendation was reiterated by him in the subsequent letter dated 23-6-1978, addressed to the Section Officer, industries, Energy & Labour Department. The State Government, however, by its letter dated 14-5-1985 informed the Director, Geology & Mining, Nagpur, that his proposal for giving the pay scale of Grade -8 to the Surveyors in Geology & Mining Department cannot accepted.

(3.) Feeling, therefore, aggrieved the petitioners have filed the instant writ petition claiming the relied that their pay fixation in Grade 6 should be set aside. Although originally no relief about their proper pay fixation was claimed, by amendment the relief is claimed that the Surveyors in the Geology & Mining Department should be given the pay scale in Grade -10. Since all the facts and circumstances were averred in the petition, and all the necessary data was placed before us, the proposed amendment, which was merely technical, was allowed by us. The respondents have resisted the petition by filing their return, the main submission being that the pay scale in Grade 6 given to the surveyors in the Geology & Mining Department was properly fixed.